If someone learns only after the death of their last surviving parent that they weren’t included in their parent’s will or in any trust (even one with conditions), it’s natural to feel a number of overwhelming emotions. Even if a parent and child had become estranged over the years or there was a serious rift, children often believe their parent will include them in their estate plan – even if “only” to leave them something sentimental.
Of course, these feelings can be compounded if the parent made no mention in their will or anywhere else in their estate plan about the reason for the exclusion – and even more if there are other adult children who did receive inheritances.
Can anything be done about it?
Parents generally have the right to “disinherit” an adult child. The primary exception is if they have “special needs” like a serious disability that prevents them from supporting themselves.
It’s always recommended that they reference that decision somewhere in the estate plan so it’s clear that it wasn’t an oversight – even if they discussed the decision with the child. Unfortunately, a lot of people never get around to this before they pass away.
Without an explanation (either in writing or verbally – even to other family members), an adult child may be able to challenge the will – for example, on the grounds that their parent was unduly influenced by someone or that they were suffering from cognitive decline that caused them to forget the child.
Some common reasons parents don’t leave an inheritance.
Some parents don’t leave their adult kids an inheritance in their estate plan because they believe they’ve given them every advantage – the best schools (with no student loan debt to worry about), money to help them start a business, the downpayment they need for a home and more. They prefer to leave their assets to one or more charitable organizations, their own foundation or their alma mater.
Sometimes, parents will leave one child out of their will or give them less than their siblings because they helped them out more than the others financially. This is often because they were struggling financially or not as well off as their siblings.
Again, these things should be addressed in an estate plan. This can help to prevent questions, confusion, resentment and a potentially costly and contentious legal battle down the road.
With that said, when someone is disinherited by a parent with no explanation, it may be possible to challenge the will. The best course of action is to get experienced legal guidance to determine the most logical way forward given a family’s unique circumstances.
